Court archive

Court reports mentioning Galway

2021-04-09 · Galway

Mentally ill man jailed for attempted rape of child

A 24‑year‑old man, who was mentally ill and experiencing psychotic symptoms, was jailed for three and a half years after attempting to rape a seven‑year‑old girl who was in his mother's care. He took the child by the hand, brought her to a bedroom, and exposed himself. The child's mother, who was watching her children, ran in, saw the man with his penis out, and called the Gardaí. The man later admitted to the Gardaí that he intended to rape the child and that he was not in his right mind. He pleaded guilty before the Central Criminal Court. The judge, noting the child's age, the man's previous convictions and his psychiatric condition, imposed the sentence and ordered post‑release supervision. The victim's parents described the lasting trauma and expressed guilt for leaving the child alone that day.

2021-03-19 · Dublin

Teen burglar has sentence increased

Michael Cawley, 16 at the time of the offence, was sentenced to three‑and‑a‑half years for an attempted burglary on Brewery Road, Stillorgan, in February 2014. The Court of Appeal, after the Director of Public Prosecutions argued that the sentence was too lenient, increased it to four‑and‑a‑half years. Cawley had tried to jimmy the door with a screwdriver while the homeowner held it shut, and after failing to enter the house he later broke into a home on Wilson Road, Mount Merrion, stealing €5,000 worth of property and a BMW. He had previously fled to the UK, where he committed another burglary in 2016, and had 29 prior convictions. The Court of Appeal noted the aggravating factors, including the planning, the late‑night timing and the confrontation with a homeowner, and imposed the increased sentence with no portion suspended.

2021-03-15 · Dublin

Victim partially stripped and had hair cut during 'humiliating' false imprisonment

In a 2021 Dublin Circuit Criminal Court hearing, Myles Connors, aged 24, was sentenced for a 2020 false imprisonment and assault of Edward Babos, and a 2018 robbery. Connors and another man entered Babos's friend's home, partially stripped him, and used scissors to cut his hair while threatening him. They forced Babos into a car, drove at dangerous speeds, and attempted to extract money from an ATM. The assault lasted about an hour and involved threats to jam scissors in Babos's eyes. Connors also pleaded guilty to robbing a phone and €150 cash from a victim in 2018, where he pointed a knife at the victim's stomach. Judge Pauline Codd imposed a four‑year sentence for the false imprisonment and assault, a three‑year sentence for the robbery, to run consecutively, with the final two years suspended on conditions. The sentence was back‑dated to May 2020 when Connors first entered custody.

2021-02-17 · Louth

20 years for conspiracy to murder Kinahan cartel target

The Special Criminal Court has sentenced a man to twenty years imprisonment for his role in an attempted murder conspiracy linked to organised crime. Caolan Smyth, aged twenty-nine, of County Meath, was found guilty in January of attempted murder and firearm offences following an attack on James Gately at a filling station in north Dublin on tenth May two thousand seventeen. The victim was shot five times but survived. Presiding Judge Tony Hunt noted that others were equally or more culpable than Smyth, describing him as ruthless and dangerous. A second defendant, Gary McAreavey, aged fifty-three, of County Louth, received four years imprisonment, with the final year suspended, for his role in burning out the getaway vehicle. The court heard evidence of surveillance, mobile phone tracking, and CCTV footage establishing the conspiracy's organised nature. Judge Hunt acknowledged that fortuitous circumstances alone had spared the victim's life. Gary McAreavey pleaded not guilty. Caolan Smyth pleaded not guilty.

2021-02-15 · Galway

Ganley seeks to sue CNN for alleged 'malicious' defamation

Businessman Declan Ganley and his telecommunications company, Rivada Networks, have filed a defamation claim in the Irish High Court against CNN, alleging that a broadcast on 20 October 2020 maliciously portrayed them as having engaged in corrupt practices to secure a U.S. 5G contract. The plaintiffs argue the broadcast wrongly suggested they initiated a corrupt process, causing reputational damage and loss. They claim the content was entirely unfounded, grossly defamatory, and published with malicious intent to serve a political and commercial agenda linked to CNN's owners, AT&T. CNN has not apologized or removed the material. The case also names Cable News International Ltd and Turner Broadcasting System Europe Ltd as defendants. The High Court granted the plaintiffs permission to serve notice on the U.S. and U.K. defendants, as the broadcast was accessible to a wide Irish audience and led to further re‑publications. The action seeks damages and a correction order.

2021-02-15 · Galway

Seamus Woulfe sits on same panel as judge he had 'upsetting and traumatic' meeting with

Mr Justice Seamus Woulfe sat on a Court of Appeal panel with Mr Justice George Birmingham and Ms Justice Isobel Kennedy on 15 February 2021, the first time he had appeared as a judge since a November 2020 letter from Chief Justice Frank Clarke barred him from sitting until February 2021 due to his attendance at a golf event that breached Covid‑19 guidelines. The panel heard no cases that day; the judges were present via remote video links. Woulfe had previously complained that a meeting on 2 October 2020 with Birmingham and two other senior judges had been "upsetting and traumatic," claiming they had pre‑judged him before he could explain himself. He said the stress from that meeting caused a serious medical condition, preventing him from attending a subsequent meeting with Clarke.

2021-02-12 · Dublin

More needed to be done to highlight dangers for money mules, judge says

During a sentencing hearing in Dublin Circuit Criminal Court, Judge Melanie Greally addressed the case of Daniel Flanagan, a 21‑year‑old who allowed his bank account to be used to hold proceeds of crime. Flanagan had just sat his applied Leaving Cert exam in 2018 when he gave his bank card and details to a man he owed a "drug debt" to. Garda Stephen Hughes explained that the account was used in a "Done Deal" scam where a woman paid €650 for car parts that were never received, and the seller became uncontactable. Four other victims were also given the same account, and the total money found was €2,120. Flanagan pleaded guilty to recklessly holding the proceeds of crime in September 2018 under the Money Laundering Act 2010. The judge noted that while an awareness campaign exists, schools, colleges and banks should do more to highlight the serious consequences of acting as a money mule.

2021-02-10 · Galway

Former solicitor gets trial date on €1.2m fraud charges

Michael Small, a 54‑year‑old former solicitor from Renville, Oranmore, Co. Galway, faces a trial set for 9 January 2023 in the Dublin Circuit Criminal Court. He is charged with multiple counts of theft, deception, failure to keep accounting records and the use of false accounting documents, alleged to have occurred over a two‑year period while he was practising in Limerick. Earlier, in 2008 and 2009, he appeared before the Dublin District Court on similar charges. The case involves allegations of €1.2 million in fraud, and free legal aid was granted for the circuit court proceedings.

2021-02-09 · Galway

Woman who killed partner sent back to jail for breaching release conditions

Maura Thornton, 38, of Inverin, Connemara, was originally sentenced in 2013 to ten years imprisonment for the manslaughter of her former partner Kevin Joyce, 59, outside her Salthill apartment on 3 July 2011. Three years of that sentence were suspended. In February 2018 she was granted early release, but she breached the conditions of her partly suspended sentence by drinking alcohol. In October 2022 a bench warrant was issued after she failed to appear in court. At a hearing on 9 February 2021, Mr Justice Paul McDermott found that Thornton had not engaged with probation services and had attempted to negotiate with the court. He therefore sent her back to prison for 16 months, activating 22 months of the suspended term and leaving the remaining three years suspended. The court noted that Thornton had been in custody since 8 October 2020 and that her compliance with treatment and probation had been inadequate. Maura Thornton was found guilty.

2021-02-09 · Louth

'A Devil wearing a mask': children brutally raped and neglected by father

In a 2021 sentencing, a 63‑year‑old man was jailed for 16 years for repeatedly raping and abusing his daughters over a 16‑year period. The younger daughter, now 34, was raped from age seven until 18, and became pregnant by her father at 17. The older daughter was raped from age nine until 16, and was also raped while pregnant. The court heard that social welfare was notified in 2004 but only intervened after the younger daughter reported to Gardaí in 2015. The judge noted missed opportunities by state agencies and described the abuse as violent, neglectful and cruel. The father pleaded guilty to 105 charges, including rape, oral rape and sexual assault. The sentence was reduced from a headline life term to 16 years due to guilty pleas and remorse. The daughters' victim impact statements highlighted ongoing trauma and the lack of basic rights during their upbringing.

2021-02-01 · Westmeath

Garda who caused death of mum-of-three to be jailed after successful appeal

A garda who pleaded guilty to causing the death of a woman by dangerous driving has been jailed following a successful appeal by the Director of Public Prosecutions. Patrick McDonnell, aged 42, with an address in County Galway, was originally sentenced to two years suspended at Trim Circuit Court in June 2020 for the death of Jacqueline Wolohan on the M4 near Kinnegad, Westmeath, on 13 February 2016. The Court of Appeal found the original sentence unduly lenient and imposed two-and-a-half years imprisonment, with the final year suspended for two years. The three-judge court accepted that the trial judge had placed disproportionate weight on McDonnell's character and previous record while insufficiently regarding the speed of his vehicle, recorded at approximately 140 kilometres per hour, and his departure from the scene. Ms Wolohan, aged 51 from Dublin, was returning from Longford when struck from behind. McDonnell, an 18-year garda, is subject to summary dismissal proceedings.

2021-01-25 · Dublin

Hitman to be sentenced for trying to murder 'Mago' Gately

A man convicted of attempting to murder a drugs cartel target will be sentenced by the Special Criminal Court next month. Caolan Smyth, aged 29, from County Meath, was found guilty on January 5th of shooting James Gately five times as he sat in his car at a filling station in north Dublin in May 2017. Mr Gately survived the attack with injuries to his chest and neck. Smyth was also convicted of firearms possession with intent to endanger. Gary McAreavey, aged 53, from County Louth, was convicted of assisting in the destruction of the getaway vehicle used in the shooting. The Special Criminal Court determined beyond reasonable doubt that Smyth was the gunman in an organised murder attempt. Evidence included mobile phone data and CCTV identification. Both men have been remanded in custody pending sentencing on February 17th. Smyth faces a maximum sentence of life imprisonment, while McAreavey faces a maximum of ten years. Caolan Smyth pleaded not guilty. Gary McAreavey pleaded not guilty.

2021-01-25 · Dublin

Four to stand trial accused of trying to murder Wayne Whelan

Four men are to stand trial at the Central Criminal Court in June 2021 on charges of attempting to murder Wayne Whelan in a shooting at Griffeen Glen Park, Lucan, Co Dublin on September 4, 2019. Darren Henderson, Cailean Crawford, and Charles McClean, all with Dublin addresses, face the charge alongside Wayne Ryan of Longford. The four are also accused of arson relating to a Ford Focus set alight at the Old Bog Road in Kilcock, Co Kildare on the same date. At a hearing before Mr Justice Michael White, the Director of Public Prosecutions applied to consolidate the trials, which was granted. The trial, expected to last six weeks, is scheduled to commence on June 21, 2021. Whelan survived the initial shooting but was killed in a separate incident two months later.

2021-01-19 · Dublin

Trucker jailed for moving €1.2 in crime cash

Noel Purcell, a 45‑year‑old truck driver from Tullyvoheen, Clifden, was sentenced to two years in prison after transporting €1.287 million in criminal cash. He admitted to gardaí that he had agreed to move the money to Holland after meeting a man on a boat, who offered him €4 000 to do so. Purcell, who was struggling with mortgage and credit‑card debt, claimed he was vulnerable and easily led. Gardaí had pulled him over on Naas Road, where they found two large bags of cash wrapped in duct tape. He pleaded guilty to possessing proceeds of crime. Judge Melanie Greally imposed a seven‑year term, suspending five years on the condition of good behaviour, and noted the need for general deterrence. Purcell had no prior convictions and was described as extremely remorseful.

2021-01-11 · Galway

Michael Scott murder trial unable to proceed due to Covid

The Central Criminal Court could not proceed with the murder trial of 55‑year‑old Michael Scott, accused of killing 75‑year‑old Chrissie Treacy of Portumna on 27 April 2018. The trial was scheduled for 11 January 2021 but was postponed because the courts were not swearing in new juries amid Covid‑19 restrictions. Judge Michael White announced that jury panels are suspended for three weeks, with a review on 26 January and a new trial date expected on 2 February. Brendan Grehan SC requested a later court term for the case due to its anticipated length.

2021-01-05 · Dublin

Hitman who gunned down Kinahan target found guilty of attempted murder

The Special Criminal Court found Caolan Smyth guilty of attempted murder on Tuesday following the May 2017 shooting of James Gately at a filling station on the Clonshaugh Road in north Dublin. Mr Gately sustained injuries to his upper chest and neck but survived after being forewarned by gardaí and wearing a bullet-proof vest. The three-judge court determined beyond reasonable doubt that Smyth, aged 28 and from Cuileann Court, Donore, County Meath, was both the driver and gunman in the organised attack. Evidence included mobile phone location data, CCTV footage identifying Smyth by distinctive tattoos and clothing, and surveillance of Mr Gately's home the preceding day. Gary McAreavey, aged 52 and from Station Road, Castlebellingham, County Louth, was separately convicted of assisting in the destruction of the black Lexus getaway vehicle at Dromiskin, County Louth. The judge found McAreavey knew of the crime before providing assistance. Both men will return for sentencing on 25 January. Caolan Smyth pleaded not guilty. Gary McAreavey pleaded not guilty.

2020-12-21 · Dublin

Criminal gets nine years over loaded handgun found during raid

Trevor Byrne, aged 40, was sentenced by the Special Criminal Court to nine years' imprisonment for possessing a loaded 9mm Luger‑caliber Radom 35 handgun in a cabin at his Woodford Grove house on 15 November 2019. He also pleaded guilty to possession of ammunition and €3,050 in cash, which he claimed were proceeds of crime. Byrne had 40 prior convictions, including a 2005 robbery where he pointed a gun at Gardaí and held a taxi driver's head to a gun. He had previously been convicted of possession of a loaded double‑barrel shotgun, unlawful vehicle seizure and robbery, receiving sentences ranging from two to eight years, and was released in November 2009. The court noted that this was his second offence involving a firearm, with a maximum sentence of 14 years. The judge applied a 10 per cent reduction for the guilty plea, back‑dating the sentence to November 2019.

2020-12-18 · Galway

Canal killer McArdle formally surrendered to Dutch

Barry McArdle, 34, was formally surrendered to Dutch authorities at the High Court following the lifting of a postponement order. The surrender relates to his conviction for the stabbing and dismemberment of Keith Ennis in 2009. Although McArdle was initially acquitted of the stabbing in 2017, the Dutch public prosecutor successfully appealed that verdict. In 2020, after a Supreme Court ruling upheld the appeal, McArdle was found guilty of the stabbing and sentenced to 13 years. The High Court heard that the balance of his sentence left to serve is 4,514 days. McArdle had previously been convicted of removing or disposing of Mr Ennis' body to conceal the cause of death, a charge for which he had already served his sentence. He was arrested in Galway on July 1 under a European Arrest Warrant issued in April and endorsed by the High Court in June. His legal representative, Ms Leanora Frawley BL, stated that McArdle was no longer seeking a postponement for a medical procedure, having previously requested time for a colostomy consultation. The Minister for Justice's counsel, Ms Caroline Cummings SC, confirmed the warrant details. Detective Garda Eoin Kane noted that McArdle is considered a flight risk with 19 previous convictions, including drug supply offenses. The court proceedings concluded with the formal surrender to the Netherlands.

2020-12-16 · Galway

Woman who killed partner refused permission to spend Christmas with mother

Maura Thornton, 38, of Inverin, Connemara, was sentenced in 2013 to ten years' imprisonment for the manslaughter of her former partner Kevin Joyce, 59, who was stabbed 18 times outside her Salthill apartment on 31 July 2011. Three years of the sentence were suspended. In February 2018 she was granted early release but breached the conditions by drinking alcohol, violating the suspended portion. In a hearing on 16 December 2020, Thornton appeared via video link from the Dochas Women's Centre at Mountjoy prison. She did not speak, but her barrister, Blaise O'Carroll SC, reported that she has been attending regular meetings with health professionals who describe her as open, insightful and realistic, and that she is engaging with prison services. Justice Paul McDermott expressed concerns and refused to release her for Christmas, requesting a structured treatment plan and adjourned the case until 9 February to allow that plan to be developed.

2020-12-02 · Dublin

Loaded handgun accused Byrne pleads guilty two weeks into trial

Trevor Byrne, aged 40, pleaded guilty in the Special Criminal Court to possessing a loaded 9mm Luger‑caliber Radom 35 firearm found in a back‑garden cabin at 35 Woodford Grove, Clondalkin, on 15 November 2019. He also faces three additional charges: possession of ammunition, possession of €3,050 in cash deemed proceeds of crime, and reckless handling of the cash. The Emergency Response Unit raided the house at 11.30 pm, discovered Byrne seated on a couch with another man, and after a confrontation Byrne was taken to Clondalkin Garda Station where he refused to engage with the jailer and exercised his right to silence. A search of the cabin revealed the gun, five bullets in the magazine, one in the chamber, and additional ammunition. DNA evidence linked Byrne to the gun, gloves, hold‑all and balaclava found in the cabin. The sentencing hearing is scheduled for 9 December, with the court expected to pass a sentence before Christmas.

2020-12-01 · Galway

Jail for convicted stalker who sexually assaulted wife

A man in his early forties has been imprisoned for three and a half years following his conviction on sexual assault and assault charges at the Central Criminal Court in Castlebar. The jury found him guilty of two counts of sexual assault against his wife and one count of assault causing harm, relating to an incident in Galway city in October 2017. A rape charge could not proceed after the jury failed to reach agreement; the Director of Public Prosecutions subsequently discontinued this count with the victim's consent. The court heard the man forced his wife to a wooded area where he assaulted her, threatening violence and repeatedly striking her. The woman escaped and reported the incident to gardaí. Ms Justice Carmel Stewart imposed a four-and-a-half-year sentence with the final year suspended, backdated to his custody date in April 2019. The judge commended the victim for her courage in coming forward.

2020-11-25 · Dublin

Weapons accused refused to cooperate with armed gardai, trial hears

In a Special Criminal Court hearing, Trevor Byrne, aged 40, was charged with possessing a semi‑automatic weapon, ammunition and cash. On 15 November 2019, armed Gardaí from the Emergency Response Unit raided an unlocked back‑garden granny flat at Woodford Grove, Clondalkin. Byrne was found seated on a couch with another male. A detective reported that Byrne pointed a weapon at the officer, shouted "armed gardaí, armed police," and did not respond to repeated warnings. He was eventually handcuffed after the officer removed him from the couch and placed him face‑down. Byrne's weapon, a 9mm Luger‑calibre Radom 35, was found under the couch with five bullets in the magazine and one in the chamber. Gardaí also recovered €3,050 from his pocket. Byrne pleaded not guilty to possession of the firearm, six rounds of 9mm ammunition, two additional rounds, and the cash, all contrary to the Firearms Act.

2020-11-24 · Galway

Violent convicted stalker sexually assaulted wife in woods

A man with convictions for stalking and harassment of former partners was found guilty at the Central Criminal Court in Castlebar, County Mayo, of sexually assaulting his wife in Galway city on October 13, 2017. The 42-year-old man was convicted of two counts of sexual assault and one count of assault causing harm. A jury was unable to reach a verdict on a rape charge, which the Director of Public Prosecutions subsequently dropped with the victim's support. The court heard the man forced his wife to accompany him to a wooded area following an incident at a church where she had sought shelter with other homeless women. Evidence included CCTV footage of the assault. The victim provided an impact statement describing ongoing trauma and psychological effects. The man, who has 24 previous convictions in Ireland and more serious convictions in the United Kingdom, has been in custody since April 2019. Ms Justice Carmel Stewart adjourned sentencing to December 1.

2020-11-24 · Galway

Family in dispute over running of well-known hotel group

A dispute involving family members over the running of Foxfield Inns Designated Activity Company, which owns well-known hotels in Dublin and Galway, has been admitted to the fast-track Commercial Court list. Mary Flannery, an applicant, alleges that her brothers Frank Flannery, Kevin Flannery, and sister-in-law Sheelagh Flannery, along with accountant James Norton, have acted in an oppressive manner, infringing her rights as a shareholder and director. Ms Flannery claims she was denied answers to her questions about the firm's affairs, which she says is oppressive to her interests. She also alleges that Mr Norton, who was appointed the personal representative of her late brother, acts as a 'shadow director' and exerts undue influence over the company. Mr Norton denies all allegations of wrongdoing. Mary Flannery has also raised concerns about the company's financial dealings, including payments to Mr Norton, corporate governance fees, and alleged irregularities in the company's banking arrangements and transactions. She claims that no proper explanation was given for the purchase and sale of an apartment in New York or the receipt of rents from commercial units in Galway by an entity called AutoExec. Mary Flannery seeks various orders from the court, including the purchase of shares, regulation of the firm's affairs, compensation, or the appointment of a liquidator. The matter was adjourned to a date in January, with the court to consider the application by Andrena Flannery to be added as a party to the action at a later date.

2020-11-20 · Clare

Canal body killer McArdle surrenders himself to Holland

Barry McArdle, 34, of Drimnagh, Dublin, who had been living in Galway, formally surrendered to Dutch authorities for his role in the 2009 stabbing and dismemberment of Keith Ennis, 29, whose body was disposed of in a canal between Rotterdam and Amsterdam. McArdle had previously been acquitted of the stabbing in the Netherlands but was later found guilty and sentenced to 13 years in 2020 after a Supreme Court ruling upheld the appeal. He had already served two years of a 12‑year, 3‑month sentence imposed in 2018 for dismemberment. The Irish High Court issued an extradition warrant on 22 April, endorsed on 6 June, and McArdle was arrested in Galway on 1 July under a European Arrest Warrant. At the extradition hearing, the court remanded him in custody for 10 days pending surrender to the Netherlands.

2020-11-19 · Dublin

Armed gardai found loaded handgun under couch, trial hears

In a Special Criminal Court hearing, armed gardaí discovered a loaded 9mm Luger‑calibre Radom handgun beneath a couch in a back‑garden cabin at Trevor Byrne's Woodford Grove property. Byrne, aged 40, was found with over €3,000 in his pocket and was charged with possession of the firearm, six rounds of 9mm ammunition, two additional rounds, and the cash. The court heard that two Emergency Response Unit teams entered the house on a warrant, locating Byrne in the cabin. Forensic analysis revealed a mixed DNA profile on the gun, with a majority profile believed to match Byrne, and DNA on other items found in the cabin. CCTV footage and a fingerprint on a shoe‑box were also seized. Byrne pleaded not guilty to all four charges, and the case was adjourned to 24 November.

2020-11-16 · Galway

Woman sues Supermacs after chair broke

In a Circuit Court claim, 55‑year‑old Pamela Dudgeon sued Supermac's Ireland Limited for personal injuries sustained when a chair at a Galway outlet broke on 6 January 2017, causing her to fall. She alleges injuries to her lower back, backside and abdominal muscles, pain, difficulty driving and sleeping, and loss of work ability. Dudgeon seeks damages for negligence. Supermac's acknowledges the chair broke but denies that she fell or suffered the injuries claimed. Dudgeon's lawyers requested CCTV footage of the incident to support her claim; Supermac's opposed the request, arguing the footage was unnecessary. The Circuit Court rejected the request, and the High Court upheld that decision, stating the defendant's admission of the chair's defect made the CCTV unnecessary for the claim. The parties remain in dispute over causation and quantum of damages.

2020-11-06 · Galway

Level 5 restrictions breach Constitutional right to practise religion, Ganley tells High Court

Businessman Declan Ganley has filed a High Court judicial review against the State's Level 5 Covid‑19 restrictions, arguing they breach his constitutional right to practise religion. Ganley, a practising Roman Catholic from Galway, claims the restrictions prevent him from leaving his home to attend Mass, a right protected under Article 44 of the Irish Constitution. He seeks orders to quash Regulation 5(1) and (3) of the 1947 Health Act and declarations that the regulations are incompatible with constitutional provisions or that they do not bar him from religious worship. The case was adjourned to 8 December for reassessment, with the judge noting the State is presumed to oppose the challenge but may choose otherwise. Ganley's lawyers emphasize the urgency, citing the possibility of future re‑imposition of similar restrictions. The matter remains pending, with no decision yet on the merits of the challenge.

2020-11-05 · Louth

Trial over failed hit on James Gately concludes

A trial concerning an alleged attempt to obstruct justice following a shooting in Dublin has concluded at the Special Criminal Court. Gary McAreavey, aged 53, of Castlebellingham, County Louth, has pleaded not guilty to assisting in the burning of a vehicle allegedly used in a failed attack on James Gately on May 10, 2017. The prosecution alleged that Mr McAreavey purchased petrol and aided in destroying the car at Newrath, Dromiskin. Defence counsel argued there was insufficient evidence that Mr McAreavey possessed knowledge of the attempted murder. Separately, Caolan Smyth, aged 28, of County Meath, has pleaded not guilty to attempting to murder Mr Gately and to possessing a firearm with intent to endanger. The prosecution contended Mr Smyth fired the shots. The three-judge court will deliver verdicts on January 8, 2021.

2020-11-04 · Dublin

'Musical chairs' between Gately accused and prosecution case, defence say

The Special Criminal Court heard closing submissions in the trial of Caolan Smyth and Gary McAreavey, who have both pleaded not guilty to charges related to the attempted murder of James Gately. Mr. Smyth is accused of the attempted murder and possessing a firearm with intent to endanger at the Topaz filling station in north Dublin on May 10, 2017. Mr. McAreavey is accused of impeding apprehension by assisting in the burning of the vehicle used in the attack at Newrath, Co Louth. Defence counsel John D Fitzgerald SC argued that the prosecution's circumstantial case relies on a "musical chairs" of shifting associations between the accused, a black Lexus, a mobile phone, and a Louth address. He contended that evidence linking Mr. Smyth to the car, phone, or his home on the morning of the shooting was speculative and lacked clear identification. Conversely, the prosecution maintained that Mr. Smyth was identifiable in CCTV footage and had conducted a "rehearsal" the day before the shooting. The trial, presided over by Mr Justice Tony Hunt, is in its fourth week. The matter was adjourned to allow Mr. McAreavey's counsel to deliver his closing speech.

2020-11-03 · Dublin

Truck driver agreed to move €1.3m after meeting 'man on boat'

In a Dublin Circuit Criminal Court hearing, 44‑year‑old truck driver Noel Purcell was remanded in custody pending sentencing after being found with €1,287,700 in cash in his cab. Purcell admitted he had agreed to transport the money to Holland after meeting a man on a boat, who offered him €4,000 to do so. He claimed he was struggling with mortgage and credit card debt and was "vulnerable" and "easily‑led". Gardaí had pulled him over on Naas Road following a surveillance operation and discovered two large bags of cash wrapped in duct tape. Purcell pleaded guilty to one count of possessing cash that was the proceeds of a crime. He has no prior convictions and was described by his defence as anxious and financially stressed. Judge Melanie Greally noted the high amount and the need for a custodial sentence, remanding him to await a Probation Services report before sentencing on 19 January 2025.

2020-11-03 · Dublin

Gately accused was 'man who pulled the trigger', State tells trial

The State has told the Special Criminal Court that Caolan Smyth was the man who "pulled the trigger" in the attempted murder of James Gately at a filling station on the Clonshaugh Road in north Dublin on 10 May 2017. Mr Gately was shot five times whilst sitting in his car and sustained injuries to his upper chest and neck. Mr Smyth, aged 28, from Cuileann Court, Donore, County Meath, has pleaded not guilty to attempted murder and to possessing a firearm with intent to endanger life. His co-accused, Gary McAreavey, aged 52, from Castlebellingham, County Louth, has pleaded not guilty to obstructing justice by assisting in the destruction of the vehicle used in the shooting. Prosecution counsel submitted that CCTV evidence, mobile phone data, and witness identification linked Mr Smyth to a black Lexus used in a stake-out of Mr Gately's home and the subsequent shooting.

2020-10-22 · Galway

RTE apologises to Declan Ganley over Prime Time broadcast

The High Court struck out defamation proceedings brought by Galway businessman Declan Ganley against RTÉ following a settlement. Mr Justice Bernard Barton vacated all previous orders, including pretrial orders, with the consent of the parties. RTÉ publicly apologised to Mr Ganley for a Prime Time special programme broadcast on November 27, 2008, which referenced the death of Kosta Tribecka and showed an image of his body. In its apology, read to the court by Paul O'Higgins SC, RTÉ accepted unreservedly that Mr Tribecka's death was wholly unrelated to Mr Ganley or any business related to him, and apologised for any hurt or distress caused. Declan Doyle SC, representing Mr Ganley, confirmed the matter had been settled, which included a financial agreement. Although Mr Ganley was not physically present, he observed the proceedings via video-link. His solicitors, Johnsons, stated that Mr Ganley was satisfied with the apology and the financial terms, noting he regretted having to initiate the action to vindicate his reputation. RTÉ stated it stands over the journalism of the programme, titled 'Citizen Ganley', and expressed relief that a mutually beneficial agreement was reached after a decade of legal argument. No further details of the settlement were disclosed in open court.

2020-10-09 · Louth

Alleged gunman in James Gately murder bid goes on trial

A 28-year-old man from County Meath has pleaded not guilty to the attempted murder of James Gately at a Dublin filling station in May 2017. Caolan Smyth has also denied charges of possessing a firearm with intent to endanger life. A 52-year-old County Louth man, Gary McAreavey, pleaded not guilty to assisting an offender by purchasing petrol and helping to burn out the vehicle used in the shooting. The trial, heard before the Special Criminal Court, was told that Mr Gately was shot five times at the Topaz garage on Clonshaugh Road and subsequently underwent surgery. The prosecution's case relies substantially on CCTV evidence tracking the movements of a black Lexus at the scene and at locations connected to the injured party, as well as evidence of the vehicle being found burned out in County Louth approximately one hour later. The trial continues before Mr Justice Tony Hunt and two other judges.

2020-10-09 · Galway

Woman who killed partner is sent back to prison

Maura Thornton, 38, of Inverin, Connemara, was returned to prison for two months after breaching the conditions of her release. She had been sentenced in 2013 to ten years' imprisonment for the manslaughter of her former partner Kevin Joyce, 59, outside her Salthill apartment on 3 July 2011, with the final three years suspended. Thornton failed to appear at a Central Criminal Court hearing where Judge Paul McDermott was to address her non‑compliance with the suspended sentence's conditions, including a prohibition on alcohol. A bench warrant was issued for her arrest. The judge noted that Thornton had admitted to drinking, partly due to isolation during Covid‑19 restrictions, and described her life as chaotic. He ordered a psychiatric assessment and probation report, remanding her in custody for two months without activating the suspended portion of her sentence. The case is scheduled for a hearing on 23 November.

2020-10-07 · Galway

Bench warrant issued for killer who's 'fallen by the wayside'

In October 2020, a bench warrant was issued for Maura Thornton, 38, of Inverin, Connemara, following her failure to comply with the conditions of her suspended sentence. Thornton had been convicted of manslaughter in 2013 for the July 2011 killing of her former partner Kevin Joyce, 59, outside her Salthill apartment. She received a ten‑year sentence with the final three years suspended. The Central Criminal Court had scheduled her appearance to address her breach of the suspended sentence, specifically her violation of a no‑alcohol clause. Thornton did not attend, prompting Judge Paul McDermott to issue the warrant. Her defence lawyer, Blaise O'Carroll SC, reported no contact and could not locate her. The State's counsel, Paul Carroll SC, noted that Thornton had fallen into drug and alcohol abuse, and the judge urged her to reengage with probation and addiction services to stabilize her chaotic life.

2020-09-28 · Donegal

Suspended sentence for 'brutal onslaught' too lenient

A man from Tuam, County Rosemmon, must serve eighteen months in prison following a Court of Appeal decision that his original suspended sentence was unduly lenient. Stephen Connor, aged 43, pleaded guilty in July 2019 to assault causing harm, false imprisonment, and producing a knife during an incident at a house in Letterkenny, County Donegal, on 5 May 2018. The sentencing judge had imposed a two-and-a-half-year sentence but suspended it in full. The Director of Public Prosecutions successfully appealed, arguing the sentence failed to reflect society's condemnation of domestic violence or incorporate adequate deterrence. The Court of Appeal found Connor's case contained no exceptional circumstances warranting full suspension. Justice Úna Ní Raifeartaigh, sitting with two colleagues, ruled that while the two-and-a-half-year custodial sentence remained appropriate, the final year would be suspended as a matter of appellate practice.

2020-09-18 · Galway

Suspended sentence for 'life-changing' one-punch attack too lenient

The Court of Appeal in Dublin has quashed a fully suspended sentence imposed on a man convicted of assault causing serious harm to a Defence Forces member. Cian Cox, aged 26 and originally from Breaffy, County Mayo, pleaded guilty to the attack on David McCormack outside the Electric Garden nightclub on Abbeygate Street, Galway on 5 May 2017. Mr McCormack sustained life-threatening injuries including a twelve-day coma and required four operations. The Director of Public Prosecutions successfully appealed the original four-year suspended sentence on grounds of undue leniency. The Court of Appeal, presided over by Mr Justice George Birmingham, retained the four-year term but suspended only the final two and a half years, meaning Cox must serve eighteen months in custody. The court found that the seriousness of the offence and the victim's permanent physical and psychological injuries warranted a custodial element, notwithstanding Cox's guilty plea, remorse, compensation payment of €13,000, and clean record.

2020-09-15 · Galway

'Outrageous' travel restrictions a detriment to public, Ryanair tells High Court

Ryanair has brought an action before the High Court against the Government's Covid‑19 travel restrictions, calling them outrageous, confusing and a detriment to the public and its business. The airline argues that the measures, which it describes as international travel restrictions, are unlawful, disproportionate and interfere with the rights of the airline and its passengers. Ryanair seeks various orders and declarations, including setting aside the measures announced in late July. The State parties contend that the measures are advisory rather than mandatory and that Ryanair has no legal basis to challenge them. Aer Lingus, supporting Ryanair, is a notice party. In its submissions, Ryanair's counsel, Martin Hayden SC, argued that the restrictions restrict people's freedoms, are confusing, lack clarity, and have a coercive effect. He cited the case of former EU Commissioner Phil Hogan, who resigned after attending a golf event in Galway, as an example of the measures' consequences.

2020-07-27 · Galway

Boy who raped and blackmailed cousin gets suspended sentence

In a Central Criminal Court hearing, an 18‑year‑old teenager pleaded guilty to sexual exploitation of two cousins and the anal rape of one in 2015‑2016. The judge, citing the case's difficulty and the boy's disgraceful conduct, initially considered a five‑year custodial term but ultimately imposed a three‑year suspended sentence, contingent on completion of a therapy programme. The court noted the boy's progress in therapy and probation, and ordered monitoring of his smartphone to prevent further exposure to pornography. The boy's apology, expressed in a letter, acknowledged regret and a promise to change. No victim impact statements were filed, and the court emphasised the seriousness of the offences and the need for continued supervision.

2020-07-07 · Galway

Convicted killer McArdle refused bail ahead of extradition hearing

Barry McArdle, 34, of Drimnagh, was arrested in Galway on 1 July under a European Arrest Warrant (EAW) after a High Court decision earlier that year found a previous EAW invalid. McArdle had been sentenced in absentia by the Amsterdam Court of Appeal to 12 years and three months imprisonment for manslaughter in the death of Keith Ennis, 29, in 2017. He had previously served a two‑year sentence for disposing of Ennis's body and was acquitted of the stabbing in Rotterdam in 2009, though that acquittal was later overturned. At the bail hearing, Garda Detective Eoin Kane presented evidence that McArdle had 19 prior convictions, including possession of €1 million of diamorphine, and had previously failed to attend bail and court appointments. Mr Justice Paul Burns found McArdle a flight risk, rejected his bail application, and remanded him in custody until the full extradition hearing on 20 July.

2020-07-02 · Galway

Judge urges brothers in Claddagh ring dispute to resolve matters

A High Court judge has urged brothers Andrew and Philip Fried, shareholders of Claddagh Jewellers Ltd, to resolve their ongoing disputes. The judge, Mr Justice Mark Sanfey, made orders following unsuccessful mediation. In one set of proceedings, Andrew Fried claimed Philip, along with their father Laszlo Fried, attempted to interfere with the business. Philip denied the claims and alleged he was being oppressed. The judge noted that Andrew's legal team withdrew due to lack of instructions, and Andrew did not attend court. Philip's lawyers sought orders to restore Philip as a director and for Andrew to hand over company assets. The judge granted the order to restore Philip as a director but deferred other orders until a later court date. In separate proceedings, Philip claims sole ownership of the trademark 'Claddagh Jewellers' and sought an injunction against Andrew. The judge granted the injunction, pending the final outcome. The judge urged the brothers to resolve matters to avoid further harm to the business. Additional proceedings involving Laszlo Fried remain pending and will return before the court later this month.

2020-06-29 · Galway

10-year sentence for man who raped young cousin

A 60‑year‑old Galway man was sentenced to ten years' imprisonment for two counts of indecent assault and two counts of rape of his cousin, who was aged seven to nine at the time, between 1982 and 1984. The victim, who was also the man's goddaughter, was a child when the offences occurred. The judge described the conduct as a serious abuse of trust and imposed a ten‑year term, suspending the final year on conditions. The man, now married with adult children, denies the verdicts and maintains his innocence. The victim gave a dignified impact statement, describing the abuse, her fear, and the relief of revealing the truth in 2016. The case was heard in the Central Criminal Court, with the judge thanking the victim for her statement and the jury for their verdicts. The man has no prior convictions and has been in custody since February. The court noted the pandemic has made prison conditions more difficult. The unnamed 60-year-old was found guilty.

2020-06-29 · Galway

Pandemic isolation contributed to killer 'falling off cliff' by turning to alcohol

Maura Thornton, 38, from Inverin, Connemara, was sentenced in 2013 to ten years' imprisonment for the manslaughter of her former partner Kevin Joyce, 59, who was stabbed 18 times outside her Salthill apartment on 3 July 2011. Three years of her sentence were suspended on the condition that she address her alcohol problems. In 2020 the Central Criminal Court heard that Thornton had breached this condition by returning to drinking, a relapse she attributed in part to isolation during the Covid‑19 pandemic. She was admitted to hospital on 10 June for detoxification and had been sober for 19 days, taking alcohol deterrent medication, anti‑depressants and other drugs. Her probation officer had urged her to attend a residential treatment centre, which she agreed to, and the case was adjourned to 7 October for a progress update. The court noted that Thornton had recognised her problem and was taking steps to address it.

2020-06-22 · Galway

Dubliner travelled to Galway for 'orgy' of offending

Joseph O'Shaughnessy, 32, of Ballyfermot, travelled to Galway and carried out a spree of burglary, criminal damage and theft offences on 6 June 2019. He pleaded guilty to three burglary, three criminal damage and two theft offences in various Galway business premises, causing almost €90,000 of damage and stealing about €5,000 of goods. He was found under a table in a Woodies DIY store. Judge Rory McCabe sentenced him to six years in prison, describing the offences as an "orgy of burglary, theft and criminal damage" and noting that O'Shaughnessy had no legitimate reason to be in the city. O'Shaughnessy appealed, arguing that the judge had failed to impose proportionate sentences for each offence. The Court of Appeal, with Justice George Birmingham, Justice Patrick McCarthy and Justice Aileen Donnelly, quashed the original sentence and replaced it with a five‑year term. The new sentence was deemed proportionate by the DPP's counsel, Elva Duffy BL.

2020-06-18 · Galway

Woman wants to sue former lottery operator over alleged advice on €3.3m win

Mary Walsh has applied to the High Court for permission to sue An Post National Lottery Company, which is in liquidation, alleging negligence regarding advice given on her €3.3m Lotto win. The application before Ms Justice Teresa Pilkington is opposed. Mrs Walsh claims a lottery representative advised that gifts to others should be exempt from tax if those persons signed the winning ticket. She alleges she was not informed of the full implications, leading her and five others, including her stepson David Walsh and her late husband's nephew Kevin Black, to sign the ticket. This resulted in litigation against her. The company argues the application should have been filed when proceedings began in 2016 and that the claim is bound to fail given a prior High Court judgment critical of Mrs Walsh. Counsel for Mrs Walsh, John Shortt SC, argued she should be allowed to bring the claim after changing solicitors. The judge reserved her decision. In the underlying dispute, Mr Justice Humphreys ruled in 2017 that David Walsh was entitled to a one-sixth share of the ticket, ordering Mrs Walsh to pay him €560,000 plus costs. Mrs Walsh appealed, but in 2018 the Court of Appeal was informed the action was resolved entirely, with her appeal allowed as part of a settlement. Mrs Walsh had claimed David Walsh accepted her and her late husband Peter Walsh's house in lieu of €200,000, a claim he denied.

2020-06-16 · Roscommon

DPP appeals suspended sentence for 'protracted and brutal onslaught'

The Director of Public Prosecutions has appealed a suspended sentence imposed on a Roscommon man convicted of assaulting and falsely imprisoning his ex-partner at her home in Letterkenny, County Donegal on 5 May 2018. Stephen Connor, aged 43, of Tuam, Kilrooskey pleaded guilty to assault causing harm, false imprisonment and production of a knife. Letterkenny Circuit Court imposed sentences totalling four years but suspended the entire term. The DPP argues the suspension constitutes undue leniency given the severity of the offence, described by the sentencing judge as a protracted and brutal onslaught. Counsel for the prosecution submitted the sentence failed to reflect the domestic violence context or provide adequate general deterrence. Defence counsel contended the sentencing judge properly balanced personal and general deterrence considerations. The Court of Appeal, presided over by Justice George Birmingham, has reserved judgement.

2020-06-15 · Galway

Woman raped by cousin thanks jury for believing her

A 60‑year‑old Galway man was found guilty by a jury of two counts of indecent assault and two counts of rape of his cousin, who was aged between seven and nine at the time. The cousin, who was also the man's godfather, was aged between 22 and 24. The man, now married with adult children, denies the verdicts and maintains his innocence. The victim, who thanked the jury for believing her, said she had lived in constant fear of the man and that the revelations of abuse had torn apart her extended family. She noted that her elderly mother remains unaware of the abuse. The case was heard in the Central Criminal Court, with sentencing scheduled for 29 June. The man has been in custody since his conviction in February. The court adjourned the matter to the end of the month for sentencing.

2020-06-15 · Galway

Woman who killed ex 'may have gone over to drink' due to coronavirus isolation

In a hearing at the Central Criminal Court on 15 June 2020, the court considered whether isolation caused by coronavirus measures had led Maura Thornton, 38, to breach a condition of her suspended sentence for the manslaughter of her former partner Kevin Joyce, 59. Thornton had been sentenced in 2013 to ten years' imprisonment, with the final three years suspended on the condition that she address her alcohol problems. The court heard that Thornton may have exceeded her alcohol limits during the isolation period. The case was adjourned to 29 June. Thornton's 2011 killing of Joyce, an American, involved 18 stab wounds inflicted on Joyce outside her Salthill apartment. The court noted that Thornton had been drinking heavily that night and that she had called the Gardaí after the incident, but they could not interview her due to her intoxication. The judge had previously suspended three years of her sentence to encourage rehabilitation.

2020-05-29 · Galway

Man struck head-on by relative is entitled to compensation, court finds

In a High Court decision, Gerard Mongan was awarded €35,500 in compensation after being struck by a car driven by his former son‑in‑law, Martin Mongan, on 16 June 2013 outside Mongan's home in Renmore, Galway. The incident followed an argument, and Mongan claimed the vehicle was used as a weapon. The Motor Insurers Bureau of Ireland (MIBI) appealed a lower court ruling that Mongan was entitled to damages, arguing no liability because the driver had not been negligent. The High Court dismissed the appeal, finding that Martin Mongan had driven deliberately and negligently, and that the MIBI was liable under Irish and European law. The judge noted that Mongan's evidence was unconvincing and that the car was indeed driven straight at him, constituting a direct attempt on his life. The court therefore upheld Mongan's claim for damages.